Akana v. 24 Hour Fitness USA, Inc. et al

Filing 3

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order. Signed by Judge William Alsup on 7/6/2011. (Attachments: # 1 Standing Order for all Judges of the Northern District of California)(wsn, COURT STAFF) (Filed on 12/5/2011)

STANDING ORDER FOR ALL JUDGES
OF THE NORTHERN DISTRICT OF CALIFORNIA
CONTENTS OF JOINT CASE MANAGEMENT STATEMENT
Commencing July 1, 2011, all judges of the Northern District of California will require the
identical information in Joint Case Management Statements filed pursuant to Civil Local Rule
16-9. The parties must include the following information in their statement which, except in
unusually complex cases, should not exceed ten pages:
1.

Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over
plaintiff’s claims and defendant’s counterclaims, whether any issues exist regarding
personal jurisdiction or venue, whether any parties remain to be served, and, if any
parties remain to be served, a proposed deadline for service.

2.

Facts: A brief chronology of the facts and a statement of the principal factual issues in
dispute.

3.

Legal Issues: A brief statement, without extended legal argument, of the disputed points
of law, including reference to specific statutes and decisions.

4.

Motions: All prior and pending motions, their current status, and any anticipated
motions.

5.

Amendment of Pleadings: The extent to which parties, claims, or defenses are expected
to be added or dismissed and a proposed deadline for amending the pleadings.

6.

Evidence Preservation: Steps taken to preserve evidence relevant to the issue reasonably
evident in this action, including interdiction of any document-destruction program and
any ongoing erasures of e-mails, voice mails, and other electronically recorded material.

7.

Disclosures: Whether there has been full and timely compliance with the initial disclosure
requirements of Fed. R. Civ. P. 26 and a description of the disclosures made.

8.

Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any
proposed limitations or modifications of the discovery rules, and a proposed discovery
plan pursuant to Fed. R. Civ. P. 26(f).

9.

Class Actions: If a class action, a proposal for how and when the class will be certified.

10.

Related Cases: Any related cases or proceedings pending before another judge of this
court, or before another court or administrative body.

11.

Relief: All relief sought through complaint or counterclaim, including the amount of any
damages sought and a description of the bases on which damages are calculated. In
addition, any party from whom damages are sought must describe the bases on which it
contends damages should be calculated if liability is established.

12.

Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR
plan for the case, including compliance with ADR L.R. 3-5 and a description of key
discovery or motions necessary to position the parties to negotiate a resolution.

13.

Consent to Magistrate Judge For All Purposes: Whether all parties will consent to have a
magistrate judge conduct all further proceedings including trial and entry of judgment.

14.

Other References: Whether the case is suitable for reference to binding arbitration, a
special master, or the Judicial Panel on Multidistrict Litigation.

15.

Narrowing of Issues: Issues that can be narrowed by agreement or by motion,
suggestions to expedite the presentation of evidence at trial (e.g., through summaries or
stipulated facts), and any request to bifurcate issues, claims, or defenses.

16.

Expedited Trial Procedure: Whether this is the type of case that can be handled under the
Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties agree,
they shall instead of this Statement, file an executed Agreement for Expedited Trial and a
Joint Expedited Case Management Statement, in accordance with General Order No. 64
Attachments B and D.

17. Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of
dispositive motions, pretrial conference and trial.
18.

Trial: Whether the case will be tried to a jury or to the court and the expected length of
the trial.

19.

Disclosure of Non-party Interested Entities or Persons: Whether each party has filed the
“Certification of Interested Entities or Persons” required by Civil Local Rule 3-16. In
addition, each party must restate in the case management statement the contents of its
certification by identifying any persons, firms, partnerships, corporations (including
parent corporations) or other entities known by the party to have either: (i) a financial
interest in the subject matter in controversy or in a party to the proceeding; or (ii) any
other kind of interest that could be substantially affected by the outcome of the
proceeding.

20. Such other matters as may facilitate the just, speedy and inexpensive disposition of this
matter.